Hospital Accountability for Medical Actions: A Justice-Oriented Approach Based on the Doctrine of Vicarious Liability

• Krisnarto, Eko ^[1] ; Lisdiyono, Edy ^[1] ; Endah Kusumaningrum, Anggraeni ^[1] ; Noor, Afif ^[2]
  1. [1] Universitas 17 Agustus 1945 Semarang, Faculty of Law, Doctor of Laws Program. Semarang, Indonesia
  2. [2] Universitas Islam Negeri Walisongo Semarang, Faculty of Sharia and Law, Master of Laws Program. Semarang, Indonesia
• Localización: Health Leadership and Quality of Life, ISSN-e 3008-8488, Vol. 4, Nº. 0, 2025
• Idioma: inglés
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• Resumen

  • Health is a human right that must be guaranteed by the state, as stipulated in the 1945 Constitution and Law No. 17 of 2023. Hospitals play a crucial role as providers of medical services and are responsible for patient safety. However, the increasing number of alleged medical malpractice cases demonstrates a gap between legal norms and practice, particularly regarding applying the vicarious liability doctrine in determining hospital liability for medical personnel's negligence. This study employed a normative juridical method with a statute and a conceptual approach. Secondary data in laws and regulations, literature, and journals were analyzed descriptively and analytically to examine legal norms, liability doctrine, and distributive and corrective justice principles. The results show that although Article 193 of Law No. 17 of 2023 has affirmed hospital liability, its practice still faces legal ambiguity, particularly regarding the status of non-employee physicians. This condition, which we refer to as 'jurisprudential inconsistencies '- a situation where legal decisions or practices are contradictory or unclear-creates a heavy burden of proof for patients and legal uncertainty. This study concludes that a loyalty-based, tiered accountability model is needed, where hospitals are fully responsible for monoloyal physicians, while multiloyal practices implement shared responsibility. This model is expected to strengthen patient protection, increase legal certainty, and encourage equitable hospital governance.